Order issued on regulating activities of private entities on public land

The Karnataka government on Saturday issued an order for regulating the activities of private organisations/societies/trusts/clubs or any other entity registered/unregistered using the State government properties and premises, playgrounds, parks, roads and waterbodies or any other immovable property.

Earlier in the week, the State Cabinet had decided on taking measures to prevent trespassing of public properties by private organisations. It came days after IT-BT Minister Priyank Kharge’s letter to Chief Minister Siddaramaiah seeking a ban on activities of organisations such as the Rashtriya Swayamsevak Sangh (RSS) on public properties like government schools, colleges, etc.

The government order is aimed at “the preservation, protection and proper utilisation of government properties and premises, playgrounds, and public assets.”

It is feasible to regulate the usage and maintenance of government properties and premises with prior approval and orders of the competent authority, the order states.

Three days ahead

The order said that an applicant should seek permission for an event in writing three days before the intended programme, from the jurisdictional Deputy Commissioner and the Commissioner of Police.

The competent authority would verify the application with other related departments and, if necessary, ask the applicant to obtain a no-objection from the local authorities and other departments.

Clearance

The authorities need to clear the application at least a day prior to the intended programme by issuing a written order.

The Deputy Commissioner and the Commissioner of Police would take legal action against the unpermitted usage and illegal occupation/encroachment of government properties and premises to ensure public safety and preservation of government properties.

The order states that the Karnataka Police Act, 1963, provides provisions for regulating traffic and for preservation of order in public places.

It says the permission is required for taking out a rally/procession or for a congregation of more than 10 people who are accompanied by music or any other common object and passing through a government property, except for marriage and funeral gatherings.

Compensating for loss

The applicant and the persons associated with organising the event are liable to compensate for any loss or damage to public, government, or private properties.

If the organisation violates the government order and conducts the programmes, then such a programme should be considered as unlawful as per the provisions of Bharatiya Nyaya Samhithe, 2023.

The departments would issue detailed guidelines to ensure that the rights of the constitutionally-bound citizens are not compromised in the grant of such permission by the competent authorities, the order states.